Tumgik
#stop and frisk
Text
In 2007, Reginald Lane shot and killed Jwonda Thurston, his pregnant girlfriend. For the murder, he was sentenced to life in prison, following state statute for someone who is found guilty of killing “more than one victim.”
On Thursday, the Illinois Supreme Court heard arguments in Lane’s case, specifically around whether Lane was given the appropriate sentence. Lane’s appeal hinges, in part, on whether Thurston’s unborn child can be considered a “victim” of the murder and, more broadly, whether it can be considered an “individual” under the law.
“As it stands now, the unified code of corrections defines a victim as any natural person who suffered direct harm,” Talon Nouri, an attorney representing Lane, told the Justices. “And again, the statute on statutes notes that whenever the word ‘person’ or ‘individual’ is used, that person must have first been born alive.”
Nouri also cited the state’s Reproductive Health Act, a 2019 law that, among other things, stipulates fetuses do not have independent rights in the state of Illinois.
In addition to the question of what constitutes a “victim” under state law, Nouri also argued Lane’s sentence was inappropriately applied because the lower courts had sentenced Lane in alignment with the sentence for a double murder.
Lane was convicted of both first-degree murder and killing an unborn child – also called feticide – which are two distinct crimes.
“While the penalty section of the ‘intentional homicide of an unborn child’ statute states that the sentence shall be the same as for first degree murder, the relevant statutes and definitions unambiguously exclude intentional homicide of an unborn child from this double murder sentencing statute,” Nouri told the court.
Assistant Attorney General Josh Schneider, who argued the case on behalf of the state, relied on the statute’s language identifying the sentence for feticide as being the same as murder.
“When a person is convicted of intentional homicide of an unborn child, the sentence they receive for that offense is the same sentence they would receive if they had been convicted of first-degree murder under those same circumstances,” Schneider said.
Several Justices interrogated that line of reasoning.
“So we really don’t even need to go to these definitions in the other statutes because the legislature has directed us to apply the same sentence as in murder?” Justice Lisa Holder White asked of Schneider.
“That’s exactly right,” Schneider replied.
The Justices took the matter under consideration with a ruling to come at a later, unspecified date.
STOP AND FRISK
The justices on Thursday also considered the case of Francisco Lozano.
In 2018, Lozano was the subject of a “Terry stop,” sometimes also known as a “stop and frisk” or “field interview” in Chicago’s East Garfield Park neighborhood.
From their unmarked police car, two officers noticed Lozano running on a rainy afternoon with his hands in his pockets. After turning their car around, officers saw him run up the stairs of an abandoned apartment building before stopping him and finding that he had a car radio, two screwdrivers and a wallet.
As a result of this stop, Lozano was eventually found guilty of burglary to a vehicle and possession of burglary tools.
Lozano’s lawyer, Pamela Rubeo, argued the police violated Lozano’s 4th Amendment right against unlawful search and seizure by stopping him for “running in the rain.”
“The parties agree the officers needed reasonable suspicion of criminal activity at the inception of this stop,” Rubeo told the court. “Here, no such reasonable suspicion existed.”
Assistant Attorney General Jalan Jaskot, who argued on behalf of the state, told the Justices that police had reasonable suspicion by the time they stopped Lozano, citing the behavior that police observed as they approached Lozano for the stop.
This received some pushback from Chief Justice Mary Jane Theis, who referenced the lower court’s opinion on the case.
“According to the officer’s own testimony, the reason why he stopped him was to conduct a field interview and ask him why he was running,” Theis noted during oral arguments. “Why shouldn’t we just accept that was the basis of the stop – as the officer himself described – and evaluate whether that was an appropriate Terry stop?”
Jaskot responded that the officers saw Lozano “flee” to the abandoned building when they turned their car around and that while they were approaching, they saw a “bulge” in Lozano’s front sweatshirt pocket, giving them reasonable suspicion for a Terry stop.
“If the facts of this case were simply that the defendant was running in the rain, officers would not have the reasonable suspicion to conduct that Terry stop,” Jaskot said after further questioning on the subject from the Justices. “However that is not all that we have. Very importantly, we also have the defendant’s evasive behavior where he did change that direction and run towards this building that appeared abandoned.”
Rubeo also argued that some evidence in Lozano’s trial was inappropriately introduced, as it was taken from statements Lozano gave during his arrest, without being given a “Miranda warning,” a set of notifications police are required to give people they arrest. These notifications include the right to remain silent, the right to an attorney and the warning that anything a defendant says can be used against them in court, among other things.
In their court filing, the attorney general’s office argued that Lozano forfeited the chance to suppress the statements he made before being given a Miranda warning because his lawyers failed to bring it up in his trial.
The case will also be considered by the Justices, although there is not a set timeline for how long they will take to deliver a final opinion.
‘RIDING THE CIRCUIT’
The Justices did not hear arguments for these cases at their typical venue at the Supreme Court’s building in Springfield. Rather, the court was “riding the circuit” and heard arguments on the campus of Chicago State University on Chicago’s South Side.
The court uses a version of the historical practice of judges traveling to district courts to “raise public awareness and confidence in the judicial branch,” according to Theis.
It’s a practice that had been temporarily stalled in recent years amid the COVID-19 pandemic. The court held a virtual “riding the circuit” program in 2021 in conjunction with schools from the state’s Second Judicial District in northern Illinois. The court’s previous in-person road trip took place in Sept. 2019 when arguments were heard at Lewis & Clark Community College in Godfrey.
“It is the first time in our history of this court and our state that we have come to the First District here in Chicago,” Theis told attendees of the arguments on Thursday.
Around 300 students from schools around the region attended the event. Following the oral arguments, students participated in a question-and-answer session with representatives of the Cook County Bar Association.
6 notes · View notes
serious2020 · 1 year
Text
Gang Members Hold Positions at ‘Highest Levels’ of L.A. Sheriff’s Department, Investigation Reveals
Pls read & Share … www.rollingstone.com/politics/politics-features/la-sheriff-department-gangs-alex-villanueva-1234691873/
View On WordPress
2 notes · View notes
xtrablak674 · 1 year
Text
Tumblr media
I've Never Been Stopped by a Cop
I’m a Black man living in New York City and I’ve never been stopped by the police. I suppose I should be more specific, I’ve never been stopped and frisked by the police. And for absolute transparency I have gotten summons, two for riding my bike on the sidewalk and one for trespassing which I deliberately did fully aware that a patrol car was watching but that isn’t this story.
I was participating in a discussion amongst Black men and a scenario where police pulled guns on me and my family in our car as we pulled up to our home. Umm first I’m a bachelor and haven’t any children, so this scenario is dead in the water. A college friend that was in my breakout group prodded an adjustment to the scenario and I stated something equivalent of the first sentence in this piece. The bigger question was why hadn’t they? And for purposes of discussion I’m a dark-skinned Black person with locs that reach to tip of my spine. You would think that this would make me a prime candidate for getting swooped up in some mistaken identity situation but that has never happened.
As a child my interaction with police was negligible if not totally non-existent. I want to be careful not to get into respectability politics, but I was a good kid and a fair teenager. I can recall an incident in high school where a couple of my friends had gotten pinched by Tower Records security for shop lifting some CD’s, and I was with the ladies one who was clearly of European descent the other Latina, we called ourselves 3-2-1 Contact because of our natural diversity. Our understanding of the law seemed to differ greater than our ethnic backgrounds.
I have always been a sensible person even as a child, I was never prone to peer pressure ever, I had a clear understanding of my mind and what I would do and what I wouldn’t do. It didn’t seem particularly sensible to me as a young Black male to be participating in petty theft especially in a neighborhood adjacent to Lincoln Center, where we went to school. Furthermore I was being raised in a very Christian home by my grandparents who would be disappointed in me for not using good sense.
My mother had always encouraged me to use ‘common sense’ it seemed to be the most important thing in the world and even though she had passed, her lesson had not. Common sense ruled my decisions in a way that made me a pariah amongst my peers. I had no interest in drinking having witnessed drunken family members be abusive to others, I also hadn’t the slightest desire to try that wacky tobacco that seems so intertwined with adolescence. My father and mother both partook of the herb and as a boy I had said not for me to all of the vices and even within the last decade sex, but that is another story.
In all attempts to disseminate all pertinent details I think it’s also good to know I’m a pedestrian, and most of my peer group is probably tired of me talking about how this is a multi-generational trait going back as far as my great grandfather. But like myself and his other son my father never had a drivers license, which is and isn’t peculiar to me because like him I was raised for a time in a two car home and hadn’t the slightest bit of interest in learning to drive still don’t. I haven’t been invited to that century old club of Driving While Black because well I don’t drive.
I do walk though and ever since my dad dragged me all over New York City on subways and buses, I have always walked with a clear destination and purpose. I’m not a lingerer I’m a fast paced impeccable dressed New Yorker. I’m not sure if my pace has made me seem less suspect or the fact that my fashion lends itself to a very non-traditional urban style. This too was a choice I made in my formative years when my peers were running around trying to follow the latest fad in clothing I made a clear attempt to distinguish myself with my unique choices.
Some of these decisions were made because I thought my grandparents had a fixed income, my grandmother was the No Frills Queen, this was a generic store brand often found at Pathmark. I wouldn’t learn till way into my adulthood that I was being raised in a two income middle class household. This is important because my clothes were purchased by my grandmother usually at the Macy’s discount outlet or Burlington Coat Factory.
Due to my mother’s passing and my separation from my siblings, I was a bit withdrawn as a pre-adolescent and teenager. I would stay in the house making my own toys, reading comic books and creating my own worlds which I never really left unless I had to go to school or church on Sundays. Once again I’m not attempting to justify the behavior of the white supremacist tendencies of the NYPD, but I wasn’t a typical child and I grew into an atypical adult.
A queer adult who currently identifies as non-binary transgender. But when I was still gay and had a penchant for wearing Daisy Dukes and thigh high moccasins I still never fell under the purview of the boys in blue, I even dated a couple of cops who in my opinion had a bit more baggage than your average date.
I’m left with the question what about me makes me worthy or unworthy of being stopped and frisked? Does my non-traditional performance of masculinity factor in the equation or is in my private college education? I didn’t even know I was being raised in an upper middle class household but I did know that I wasn’t living at the poverty level anymore not that I even knew that because my life was so full of abundance. My dark chocolate complexion which had faced all kinds of colorism, didn’t seem to rate.
What makes some Black people suspects and others not?
[Photo by Brown Estate]
2 notes · View notes
kontextmaschine · 2 years
Text
Matt Yglesias talking about guns and gun control again, reflecting that he is in fact a native New Yorker with personal experience of the city being better at the end than the start of the Giuliani era, attributing a lot of that to what Bloomberg distilled in "Stop & Frisk": if people face a reasonable chance of being personally searched for guns when they leave the house, they will stop carrying guns in public
5 notes · View notes
ideemthatsheyetlives · 2 months
Text
65: Empire Day and Gathering Forces (Rebels 08 and 09)
In which the podcast crew discusses the racial profiling policy on Lothal.
0 notes
truegeorge · 3 months
Text
History Book
               It was a typical night after returning in from the second gig and resting up for the next day to report to the gov’t building where I make the daily bread as a government bureaucrat. The room temperature wasn’t too hot, so I was comfortable. It wasn’t long before I started to see images which is an indicator that I am between reality and the dream world.   The images that came up…
Tumblr media
View On WordPress
0 notes
arcticdementor · 2 years
Photo
Tumblr media
(link)
1 note · View note
theprequel · 2 years
Text
The Patriot Act, Stop and Frisk, No Knock Warrants, Imminent Domain and now the stripping of legal recourse against federal agents who may violate constitutional rights in any city within 100 miles inside the U.S. Border.
With only a few buzz phrases to protect you, like Probable Cause and Due Process, you have to wake up and realize that you don't have rights; you have privileges.
And some are more privileged than others.
Some of you are not old enough to know about Red Scares I and Ii or Cointel Pro (and how it relates to anti-abortion tactics).
Ignorance doesn't make you immune though.
0 notes
cucumber-icepop · 4 months
Text
Tumblr media Tumblr media Tumblr media Tumblr media
This concept is very funny to me
770 notes · View notes
carlyraejepsans · 2 months
Note
hibiscia!!! Sorry if youve explained before but is there something specific about reset-remember fics that you hate? I don't really like them either but for me it's just because I feel like a lot of authors type sans in very ooc ways
They're completely antithetical to Sans' character arc for the sake of cheap and easy angst. The nature of his brand of cosmic horror isn't in reliving his life again and again, that's Flowey's. Sans knows OF the anomaly, knows that it's manipulating time and knows it's a threat to the entire universe, but he doesn't know how or why, because he doesn't remember.
And that's crucial! him being mostly in the dark in spite of the MANY warning signs about us... because it's in that doubt that he remains hopeful. YES we could potentially end the world... but what if we don't? yes we have unimaginable power over everyone else and we can bring back time, but what if we're just.... sad? he needs that gap in his knowledge so he can take a leap of faith across it, it's his entire character arc in the pacifist run. sans THINKS he's given up, he wants to have given up, he chose to do it because there's a comfort in that. in contenting yourself with good food and bad laughs. there's peace. but he hasn't given up, not really. on himself? maybe. but not in us.
there's no way to have that arc if he remembers resets.
208 notes · View notes
hellonearthtoday · 2 months
Text
guy who doesn't know anything about qsmp draws qsmp
Tumblr media
I haven't looked at rhe qsmp since my daughter love of my life juanaflippa died but empanada is cute I think she is my favorite next to flippa🤗
171 notes · View notes
serious2020 · 10 months
Text
America’s Breeding Farms: What History Never Told U
williamspivey.medium.com/americas-breeding-farms-what-history-books-never-told-you-6704e8b152a4
View On WordPress
0 notes
akanemnon · 11 months
Note
Aaaaaaa I just wanted to say I really love twin runes and I think all of your character designs are great!! I can’t wait for the dark world arc!
Also here’s frisk with a gun I drew at like 2 am
Tumblr media
Awww thank you so much! Really happy to hear you enjoy it! The comic when they enter the dark world is comic closer and closer, but I wouldn't call it an arc. Let's just say, game breaking shenanigans will ensue...
Also who gave this child a gun?? HELP
Tumblr media
YOU'RE NOT HELPING, KRIS!
637 notes · View notes
licollisa · 10 months
Note
How come you always draw Chara and Frisk with different hair every time?
I always liked the fact that undertale's art is pixelated!!! you get this:
Tumblr media Tumblr media
And you could interpret those few pixels however the hell you like. Just slap some traits that'd make them recognizeable and booyah. Can't go wrong with the design!
Tumblr media Tumblr media Tumblr media Tumblr media Tumblr media Tumblr media Tumblr media
And as a bonus too you can see how other artists design these two. Artistic liberties all the way 🔥🔥🔥🔥
540 notes · View notes
grumpyghostdoodles · 5 months
Text
Tumblr media Tumblr media Tumblr media Tumblr media Tumblr media
Next up is short hair! *Menacing sound of scissors snapping*
180 notes · View notes
howlonomy · 1 month
Note
How did Frisk Kanako etc react to learning about HOW the monsters got clover’s soul? I can’t imagine they’d treat it as completely normal although I guess it’s a possibility they might?
frisk; sad, but still happy for them. theyre happy that clover got to experience the same thing they did in their trip through the underground; the kindness of monsters and the bonds they make with others. but they’re still sad FOR clover, that they had to die, they wanted to die, for the monsters. its an injustice that clover died after everything they went through
kanako: her mom hid no secrets from her when they reunited; in the months between returning home and clover reviving, ceroba told kanako everything that happened, even clover’s sacrifice. at the time, kanako thought clover was pretty brave for doing it, and was sad she never got to meet them.
when they DID meet, kanako was kind of over the moon for a bit! but as they got closer clover confided in her that they were awfully scared about the whole thing and dying was painful and they were alone, and kanako realized they werent some cool, untouchable brave cowboy; they were a scared, lonely kid just like she was in the lab. clover was much more down to earth than some fairytale her mom would tell her as a bedtime story. she related to clover a lot more after learning what they really felt about it
72 notes · View notes